Texas Board of Nursing Complaints and Violations

The Texas Board of Nursing exists to ensure that every nurse holding a license in Texas is competent and will practice safely. The Texas Board of Nursing regulates the practice of nursing, and oversees nursing education programs and courses across the state. By doing this, the Texas Board of Nursing mission of promoting the welfare and wellbeing of every person living in Texas is safeguarded.

Texas Board of Nursing Complaints and Violations
The overarching mission of the Texas Board of Nursing is safe nursing practice and is derived from the Nursing Practice Act. This act seeks to support good nursing practice by making sure that the state has high-quality nurses through its educational programs and regulatory mandates. If a nurse practicing in Texas is accused of violations of nursing standards, and the Nursing Practice Act, some of which are listed below, he/she might face a Board Order which can contain fines, education and/or supervision requirements, suspension and/or license revocation.

● Medication or Treatment Errors
A medication error can be one of obtaining, administering, improper wasting or any confusion regarding patients and medication. According to the US Food and Drug Administration (FDA), the most common errors when it comes to medications are the administration of the improper dose of medicine or giving the wrong medication due to label confusion. Errors in delivering treatment can include a myriad of interventions or treatments that could be administered in error, contrary to Nursing standards or Policies and Procedures.

● Documentation Errors
Patient assessment and documentation of that assessment entails actions by the nurse which helps to create the medical record and allows other members of the healthcare team to take part in a valid and appropriate plan of care. Documentation could be late, incorrect, done for the incorrect patient, or done in a way that may place the patient in harm’s way.

● HIPAA Violations
HIPPA, or the Health Insurance Portability and Accountability Act, is a set of guidelines and policies that seeks to protect patients and hospitals from security and privacy issues. Some of the most common HIPAA violations include third party disclosure, unauthorized release of information, improper disposal of documents with Protected Health Information, and unsecured records.

Consult with a Lawyer familiar with Nursing Law
When accused of these, or any violations, it is important to consult with legal counsel immediately. Having a lawyer does not mean admission of guilt. Rather, it is about seeking legal protection and guidance through the process of Investigation.

The Texas Board of Nursing seeks to uphold the quality of nurses under their jurisdiction. They will command a thorough investigation and evaluation. Having an attorney who is familiar with the process and has experience with Administrative law is important to assist you in your responding to any allegations.
The Texas Board of Nursing investigation process is serious and involves your license to practice your chosen career. A Board Order becomes a permanent part of your licensure record. Nurses accused of violating the Texas Nursing Practice Act should endeavor to find experienced legal counsel with background knowledge on the area of nursing law.

Whether you hire an attorney or not, you should try to familiarize yourself with the process of responding to a Board Investigation. While each state has laws and rules and regulations particular to that state regarding investigations, the process is similar in many aspects among states. You can look at your own state’s Board of Nursing website for rules and regulations, and you can also look at the website www.nursingcomplaint.com and become a member. At www.nursingcomplaint.com you will find information about the process, suggestions regarding how to respond to an investigation, what to include in your response, and downloadable examples of correspondence with Boards of Nursing, as well as examples of Responses that have actually been used in real cases in response to State Boards of Nursing.
PLEASE NOTE THAT www.nursingcomplaint.com is not a legal website, it is not there to give anyone legal advice but is there to familiarize nurses with the process of responding to a complaint, for consultation and as a resource for nurses to look at and review actual Responses that have been used in real life.